Lucas Reynolds
❝ Shortly after federal Judge James Boasberg denied the Standing Rock Sioux Tribe’s request for an injunction against the Dakota Access oil pipeline, the U.S. Department of the Interior, Department of Justice and Army Corps of Engineers issued a joint statement that, in effect, temporarily halts all construction bordering Lake Oahe on the Missouri.
❝ The tribe had sought an injunction to stop the routing of the Dakota Access oil pipeline underneath the Missouri River, the source of the reservation’s drinking water, on the grounds that the U.S. Army Corps of Engineers had failed to conduct a proper environmental and cultural impact study. While acknowledging that damage had been done to an area sacred to the tribe, Boasberg said that the tribe had not made its case for an injunction…
❝ Shortly after Judge Boasberg’s decision, the three government agencies stepped in, suggesting that a change in process may be in order when it comes to how the courts and federal law view Indian land.
“We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act,” the joint announcement stated. “However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain.”
❝ The agencies called for “serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects.” The statement announced “formal, government-to-government consultations” this fall that would examine what the federal government can do “to ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights,” and whether new legislation was needed to meet the goal of meaningful consultation…
❝ “The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws,” the statement said. “Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time…”
❝ Standing Rock Sioux Chairman David Archambault II expressed elation and gratitude.
“Our hearts are full. This an historic day for the Standing Rock Sioux Tribe and for tribes across the nation,” Archambault said in a statement. “Today, three federal agencies announced the significant decision to respect tribal sovereignty and stop construction of the Dakota Access Pipeline on Army Corps land…”
“Our voices have been heard,” said Archambault. “The Obama administration has asked tribes to the table to make sure that we have meaningful consultation on infrastructure projects. Native peoples have suffered generations of broken promises and today the federal government said that national reform is needed to better ensure that tribes have a voice on infrastructure projects like this pipeline…”
Please RTFA. Judge Boasberg’s decision is worth reflection. Even though I believe like too many in the American legal profession he forgets to consider the spirit of laws intended to protect people and their property at a higher priority than corporate wealth and profit.
The full statement from David Archambault 11, Standing Rock Chairman is inclusive and reflects his thanks to all across this nation who support his tribe, Native Americans, and the broader fight against rich and powerful interests.
President Obama’s decision should be recognized as an act of courage. Albeit not one taken frequently enough against the most reactionary elements in American society. I only hope it succeeds in reversing the decades of repression against those fighting for equal rights and authority in this nation – and Native American people in particular.
Eideard 
Reblogged this on UZA – people's courts, forums, & tribunals and commented:
The government is merely a legal fiction that has no jurisdiction over first nations people; their dignity must be restored; in peace
The U.S. Army Corps of Engineers has confirmed that Energy Transfer Partners, the owner of the proposed Dakota Access pipeline, has ignored the Obama administration’s September 9 request to voluntarily halt construction in a disputed area, 20 miles east and west of Lake Oahe and the Missouri River.
The confirmation came in the aftermath of a video published by drone pilot Shiyé Bidziil on the news website Indian Country Today titled, “Drone Footage of Dakota Access Pipeline Approaching Missouri River.” Published November 2, this video offers an airborne view of pipeline construction — coupled with heavily guarded concrete fortresses around key construction locales — in close proximity to the Missouri River.
“The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws,” reads the initial September 9 statement disseminated by the U.S. Department of Justice, U.S. Department of Interior, and Army Corps.
“Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.”
The Department of Justice and Department of Interior did not respond to a request for comment.
On October 31, President Barack Obama said the Army Corps is considering a reroute of the Dakota Access pipeline in this area and will let federal agency regulatory processes “play out” in the next several weeks. It remains unclear how the pipeline could be rerouted if construction is already occurring up to the Missouri River and Lake Oahe. http://www.desmogblog.com/2016/11/05/obama-voluntary-dakota-access-construction-halt-request-ignored
Thank you for the update; Pilamaye; mitakuye oya chin;
International water security and transboundary river post-doctoral researcher, Jennifer Veilleux, saw the protests escalate in North Dakota and scoured the internet for information on the major waterways the Dakota Access pipeline would impact, and where Indigenous people lived in relation to those. She couldn’t find much. So she mapped it herself. http://www.hcn.org/articles/these-maps-fill-the-gap-in-information-about-the-dakota-access-pipeline Go to “Water Security of the Missouri River and Potential Impacts from Oil Pipeline Development” @ http://www.jenniferveilleux.com/copy-of-portraits-from-rivers-of-ch
for the two detailed socio-ecological maps of the Missouri River Basin created by Veilleux and the team of 16 geographers, cartographers, lawyers, and researchers she assembled. One map outlines major waterways the pipeline would intersect and possibly leak into and the nearby tribal lands. The other shows the percentage of Indigenous people by county living near waterways that could be affected by the pipeline, which crosses four Western states.
Environmental groups from around the globe on Monday urged some of the world’s biggest banks to stop their massive loan payments to the US$3.8 billion Dakota Access Pipeline and demanded strong climate change commitments. http://www.nytimes.com/2016/11/08/business/energy-environment/environmentalists-blast-bankers-behind-dakota-pipeline.html At least 13 international banks including Citigroup, ING, Wells Fargo and BBVA “are involved in a credit agreement with Dakota Access LCC and Energy Transfer Crude Oil Company LLC, to borrow up to US$2.5 billion to construct the Dakota Access Pipeline and the Energy Transfer Crude Oil Pipeline,” read the open letter from Dutch organization BankTrack. See “An open letter to the Equator Principles Association” @ http://www.banktrack.org/show/dodgydeal/dakota_access_pipeline#popover=news Re: Equator Principles Association see https://en.wikipedia.org/wiki/Equator_Principles
Also, “Why Big Oil and Gas Get Exclusive Access to Public Lands as Low as $1.50 an Acre” @ http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=16531#newsletter1
“Trump and his key advisors stand to profit from the Dakota Access Pipeline.” http://grist.org/briefly/trump-and-his-key-advisors-stand-to-profit-from-the-dakota-access-pipeline/
“For native Americans, pipeline sparks climate awakening : Opposition to the Dakota Access Pipeline has unified tribes from across America. Some here believe this protest is becoming something bigger – a turning point for both native Americans and the climate movement.” http://www.csmonitor.com/Environment/Inhabit/2016/1117/For-native-Americans-pipeline-sparks-climate-awakening
Nov 5, 2016: Dakota Access Pipeline Fight Watched on Facebook Live Around World http://www.nbcnews.com/storyline/dakota-pipeline-protests/dakota-access-pipeline-fight-watched-facebook-live-around-world-n678366 “Videos recording violent clashes between police and protesters have attracted upwards of 4 million views on Facebook alone”
Reblogged this on OCCUPY AMERICA.
“Banks Financing the Dakota Pipeline Choose to Remain Silent” http://www.telesurtv.net/english/news/Banks-Financing-the-Dakota-Pipeline-Choose-to-Remain-Silent-20160908-0032.html “The two companies behind the project, Energy Transfer Partners and Sunoco Logistics, are funded by 26 and 24 banks, respectively. Six of those financial institutions—JPMorgan Chase, Morgan Stanley, Goldman Sachs, Wells Fargo, Bank of America and Citibank—lent a total of US$200 billion to the pipeline, seen as a lucrative long-term investment in the emerging oil and gas industry in the U.S.”
“Journalist Amy Goodman Wanted in North Dakota for Covering #NoDAPL Demonstrations” http://www.unicornriot.ninja/?p=8910 “National Lawyers Guild legal observers who have been present observing recent events in the Standing Rock area, issued the following statement:
September 10, 2016: After Amy Goodman, anchor and reporter for Democracy Now!, reported from the sacred site of the Standing Rock Sioux where Dakota Access pipeline “security forces” were caught on camera unleashing canines and mace against water protectors, including a pregnant woman and children, the State of North Dakota issued a warrant and a criminal complaint against her for criminal trespass, a Class B misdemeanor, carrying a maximum penalty of 30 days in jail and a $500 fine or both.” Copy of the arrest warrant @ http://www.unicornriot.ninja/wp-content/uploads/2016/09/GoodmanHallNDCharges.pdf
“Something historic is happening right now in North Dakota. At the camp in Standing Rock, more than 4,000 indigenous people from 280 tribes have come together, bringing totem poles, handmade canoes, and other sacred objects to commemorate the occasion.
The last time this many tribes gathered to protect their homeland and sacred sites was 140 years ago — in 1876 at the Battle of Little Bighorn, or Custer’s Last Stand, an armed conflict against colonialism.” http://grist.org/justice/president-obama-should-listen-to-the-indigenous-people-fighting-the-dakota-access-pipeline/
“A growing rift has split the country’s biggest union federation, the AFL-CIO. Many labor activists and union members are outraged that Richard Trumka, the federation’s president, threw the AFL-CIO’s support behind the Dakota Access pipeline project earlier this month.
The AFL-CIO’s statement backing the pipeline was announced a week after the Obama administration put construction on hold. Trumka acknowledged “places of significance to Native Americans” but argued that the more than “4,500 high-quality, family supporting jobs” attached to the pipeline trumped environmental and other considerations.” http://grist.org/business-technology/big-labor-has-an-identity-crisis-and-its-name-is-dakota-access/
Oil CEO Says Bribing Native Americans Will Stop Dakota Protests http://www.telesurtv.net/english/news/Oil-CEO-Says-Bribing-Native-Americans-Will-Stop-Dakota-Protests-20160929-0002.html
“Media Silent as Dakota Access Pipeline Protests Spread, Construction Blocked in Iowa” http://theantimedia.org/media-silent-dakota-access-pipeline-iowa/
http://www.yesmagazine.org/people-power/standing-rock-joins-the-worlds-indigenous-fighting-for-land-and-life-20160930/robwilson650px.jpg/image
“Standing Rock Sioux Chairman David Archambault II on October 5 reiterated his commitment to keeping the Dakota Access oil pipeline away from the tribe’s drinking water after a U.S. District Court postponed ruling on a request for a permanent halt to the construction along its designated route a half mile from the reservation. http://indiancountrytodaymedianetwork.com/2016/10/05/court-postpones-decision-dapl-construction-stoppage-standing-rock-stands-strong-165997
A federal court panel has lifted orders blocking construction on a portion of the embattled Dakota Access Pipeline project in North Dakota. http://thehill.com/policy/energy-environment/300121-court-denies-tribes-request-to-halt-pipeline-construction
In a two-page ruling issued Sunday night, the Court of Appeals for the District of Columbia denied the Standing Rock Sioux Tribe’s request for an injunction against construction on the project along a small stretch of land while its lawsuit over the pipeline moves forward.
The court also lifted an administrative injunction against work on the stretch of land around North Dakota’s Lake Oahe, an order issued when the tribe appealed its case to the court last month.
Construction on federal land near Lake Oahe remains on hold, however; the federal government has not yet granted Dakota Access’s developers the easement necessary for constriction to move forward there.
The three-judge panel ruled Sunday that the Standing Rock Sioux Tribe did not meet the conditions necessary for securing an injunction against the project.
Indigenous groups affected by the contamination of Chevron in Ecuador—led by Humberto Piaguaje—joined the Native Americans protesting the construction of the Dakota Access pipeline in the state of North Dakota in the U.S.
Piaguaje, from the Siekopai nation and representative of those affected by the Chevron Corporation in the Amazon, said in an interview with teleSUR that he visited the Dakota camp to bring a message of solidarity, unity and strength. http://www.telesurtv.net/english/news/Ecuadors-Indigenous-Leader-Fighting-Chevron-Visits-Dakota-Camp-20161012-0024.html
Chevron left behind billions of gallons of toxic sludge in Ecuador’s Amazon 23 years ago, impacting as many as 30,000 people in rural and Indigenous communities.
Ecuadorean Indigenous groups’ years-long court battle to force oil giant Chevron Corp. to pay US$9.5 billion in damages for the environmental disaster known as “Amazon Chernobyl” began a new phase Monday, this time in Canada. http://www.telesurtv.net/english/news/Ecuadoreans-Go-to-Canada-to-Collect-Billions-from-Chevron-20160912-0017.html
”The Arrest of Journalists and Filmmakers Covering the Dakota Pipeline Is a Threat to Democracy—and the Planet” (The Nation Oct 14) https://www.thenation.com/article/the-arrest-of-journalists-and-filmmakers-covering-the-dakota-pipeline-is-a-threat-to-democracy-and-the-planet/
Obscure disaster-relief law used to clear the Dakota Access camp. http://grist.org/briefly/an-obscure-disaster-relief-law-was-used-to-clear-the-dakota-access-camp/ “The 1996 Emergency Management Assistance Compact (EMAC) allows other states to send law enforcement and employees when a governor declares a state of emergency — or, according to its website, “whenever disaster strikes!”
But it is also being activated to quell dissent.
Riot-clad police arrested 141 people Thursday for what the local sheriff says is trespassing on private property near a local highway. As EcoWatch, DeSmog, and local outlets point out, North Dakota Governor Jack Dalrymple used EMAC to bring in law enforcement from six states to clear the encampment near construction for the Dakota Access pipeline.
The mutual aid law was also used in Baltimore in 2015 following Black Lives Matter protests mourning the death of Freddie Gray. EMAC was even used ahead of anticipated protests at the Republican National Convention, resulting in the deployment of an additional 5,500 cops from across the country to Cleveland this summer.
EMAC director Angela Copple and her staff didn’t respond to a request to explain about why the program is being used in North Dakota.” (see links)
Several Dakota pipeline protesters were injured Saturday after they were run over by a construction truck as the driver drove through their gathering, firing gunshots into the air near the construction site of the pipeline according to videos and photos posted online, which prompted the local police to investigate the incident Sunday. http://www.telesurtv.net/english/news/Man-Shoots-off-Gun-Runs-over-Standing-Rock-Water-Protectors-20161113-0016.html
UN Condemns ‘Inhumane’ Abuse of Standing Rock Water Protectors http://www.telesurtv.net/english/news/UN-Condemns-Inhumane-Abuse-of-Standing-Rock-Water-Protectors-20161118-0003.html Kelcey Warren, who is the CEO of Energy Transfer Partners, the company in charge of the project, said he is “100 percent” confident that construction will continue. Warren was a major donor to the campaign of President-elect Donald Trump, who himself has significant investments in the project.
Nov 20, 2016: “Police, citing ‘ongoing riot,’ use water cannons on Dakota Access protesters in freezing weather” https://www.washingtonpost.com/news/morning-mix/wp/2016/11/21/police-citing-ongoing-riot-use-water-cannons-on-dakota-access-protesters-in-freezing-weather/ As temperatures in Cannon Ball, N.D., dropped into the 20s, police in riot gear sprayed anti-pipeline activists with a hose mounted on top of an armored vehicle and formed a line to prevent them from advancing up Highway 1806, according to the Bismarck Tribune {link}. Protesters also reported being pelted with rubber bullets, tear gas and concussion grenades during the standoff, which lasted until late Sunday night. (includes link to video)
“Police defend use of water cannons on Dakota Access protesters in freezing weather” https://www.washingtonpost.com/news/morning-mix/wp/2016/11/21/police-citing-ongoing-riot-use-water-cannons-on-dakota-access-protesters-in-freezing-weather/ (includes video) “Damn any man who sympathizes with Indians! … I have come to kill Indians, and believe it is right and honorable to use any means under God’s heaven to kill Indians. … Kill and scalp all, big and little; nits make lice.” Col. John Milton Chivington (1821~1894)
“An injured Standing Rock activist could lose an arm, but her resolve remains strong : Sophia Wilansky could undergo as many as 20 surgeries as doctors try to repair her injuries. http://grist.org/justice/an-injured-standing-rock-activist-could-lose-an-arm-but-her-resolve-remains-strong/ “The Standing Rock Medic & Healer Council said it treated 300 people after the standoff, sending 26 to the hospital. A statement issued Tuesday by the council quotes Sophia’s father: “A grenade exploded right as it hit Sophia in the left forearm taking most of the undersurface of her left arm with it. Both her radial and ulnar artery were completely destroyed. Her radius was shattered and a large piece of it is missing. Her medial nerve is missing a large section as well. All of the muscle and soft tissue between her elbow and wrist were blown away.”
The Morton County Sheriff’s Department told the Los Angeles Times that police “didn’t deploy anything that should have caused that type of damage” and suggested she might have been injured when protectors were rigging their own explosives. Activists counter that the demonstration was peaceful, and no one at the protectors’ camp has created explosives or even has the materials to do so. Wilansky’s father put the blame squarely on law enforcement. “The police did not do this by accident,” he said. “It was an intentional act of throwing it directly at her.” He said surgeons removed grenade shrapnel from her arm, which will be held for evidence.” (see video) See also https://en.wikipedia.org/wiki/Stun_grenade#Lethality_of_stun_grenades and
> “How Dakota Pipeline Protesters Are Digging in For a Harsh Winter” http://motherboard.vice.com/read/dakota-pipeline-protest-camp-prepares-for-winter
> “A Dakota pipeline’s last stand” https://www.washingtonpost.com/business/economy/a-dakota-pipelines-last-stand/2016/11/25/35a5dd32-b02c-11e6-be1c-8cec35b1ad25_story.html
> “Trump’s stock in oil pipeline company raises concern” http://bigstory.ap.org/article/a6c6591086f24d45a3f0b5d48f2a8271/trumps-stock-oil-pipeline-company-raises-concern
> “First ‘Trump deal’: Sunoco Logistics to acquire Energy Transfer Partners” http://www.cnbc.com/2016/11/21/first-trump-deal-sunoco-logistics-to-acquire-energy-transfer-partners.html
> ‘On Dec. 4, if everything goes according to plan, hundreds of veterans will muster at the Standing Rock Sioux Reservation in North Dakota to stop the Dakota Access Pipeline” http://taskandpurpose.com/where-evil-resides-veterans-deploy-to-standing-rock-to-engage-the-enemy-the-us-government/
> Veterans Stand For Standing Rock has raised more than $80,000 in two days. According to organizers the increased funds will enable the group in their three-day mission, which will culminate in an attempt to break through the line of guards protecting the Dakota Access construction site. http://taskandpurpose.com/flooded-with-support-standing-rock-vets-ramp-up-operation-and-brace-for-showdown/
> IMAGE: http://www.aljazeera.com/mritems/Images/2016/10/28/241bbae37747429f8c7363aaaf989428_8.jpg
The U.S. Army Corps of Engineers has announced said that all lands north of the Cannonball River, which is where the main Oceti Sakowin camp is located, will be closed by Dec. 5. The move is allegedly intended to “protect the general public from the violent confrontations between protesters and law enforcement officials that have occurred in this area,” while the government agency will create a “free speech zone” to replace the camp. …The government has twice requested the pipeline operator to voluntarily stop construction near the tribe’s reservation while the project’s route is being reconsidered by the authorities. However, courts have refused to order a halt. http://www.telesurtv.net/english/news/Obama-Plans-to-Evict-Standing-Rock-Water-Protectors-from-Camp-20161126-0011.html
In a letter to the Standing Rock Sioux Tribe on Friday, John W. Henderson, a district commander with the Corps, said that the area will be closed by Dec. 5. Anyone found to be on “Corps-managed land” north of the Cannonball River after that date will be considered trespassing and subject to prosecution. http://www.npr.org/sections/thetwo-way/2016/11/25/503379401/army-corps-of-engineers-tells-pipeline-protesters-to-leave-camp-by-dec-5
See also “Officials to Close Standing Rock Protest Campsite” (NYT) http://www.nytimes.com/2016/11/26/us/dakota-pipeline-protest.html
Dakota Access Pipeline protesters vowed Saturday to remain in their camp after the Army Corps of Engineers told them to leave the federal land they’ve occupied. “We are wardens of this land. This is our land, and they can’t remove us,” protester Isaac Weston, an Oglala Sioux member from South Dakota, told The Associated Press on Saturday. “We have every right to be here to protect our land and to protect our water.” http://www.nbcnews.com/storyline/dakota-pipeline-protests/army-corps-engineers-orders-dakota-pipeline-protesters-abandon-camp-n688476
‘Free speech area’ http://media4.s-nbcnews.com/j/newscms/2016_47/1809536/161125-oahe-dam-free-speech-dapl-mn-2110_290ded7691562cb384f13e2efba8d13d.nbcnews-ux-2880-1000.jpg
Nov. 29: “Pipeline protest arrests strain North Dakota’s court system” https://www.washingtonpost.com/national/pipeline-protest-arrests-strain-north-dakotas-court-system/2016/11/29/53bdf8aa-b65c-11e6-939c-91749443c5e5_story.html “The hundreds of arrests during the months of protests against the Dakota Access oil pipeline in North Dakota have created an unprecedented burden for the state’s court system, which faces huge cost overruns and doesn’t have enough judges, lawyers and clerks to handle the workload. The state judicial system will ask the Legislature next year for an additional $1.5 million to cover protest-related costs. That amounts to about 1 ½ percent of its current two-year budget.” According to North Dakota’s state court administrator. “This is a first, the judicial branch has never had to ask for a deficiency appropriation in its history,” which dates back more than a century. The Commission on Legal Counsel for Indigents might seek an additional $670,000 from the Legislature, which amounts to about 3½ percent of its current two-year budget, according to its executive director, H. Jean Delaney.” The $3.8 billion pipeline to carry North Dakota oil to a shipping point in Illinois is nearly complete, aside from a stretch beneath a Missouri River reservoir in southern North Dakota.
Six views from Standing Rock standoff : The Washington Post visited Standing Rock to record the personal accounts of people on all sides of an issue that is tearing at the American heartland. (includes videos) http://www.washingtonpost.com/sf/national/2016/12/02/voices-from-standing-rock/
(BBC) “Hundreds of US military veterans have joined activists in North Dakota protesting against the installation of a multi-billion dollar oil pipeline. The activists, who are demonstrating in sub-zero temperatures, have been ordered to leave the area by Monday. It is unclear if they will obey.” http://www.bbc.com/news/world-us-canada-38188624
The Standing Rock Native American Reservation is a Hunkpapa Lakota and Yanktonai Dakota Native American reservation in North Dakota and South Dakota in the United States.
“Can the Dakota Access Pipeline be stopped?” (Sioux Falls, S.D.) Argus Leader 2:48 p.m. EST December 4, 2016 http://www.argusleader.com/story/news/2016/11/04/can-dakota-access-pipeline-stopped/93282106/ “An estimated 2,100 U.S. military veterans were bound for the frigid Northern Plains on Saturday in a mass show of support for Native Americans and their allies battling the Dakota Access oil pipeline.” (LA Times Dec 3rd) http://www.latimes.com/nation/la-na-dakota-access-protest-20161203-story.html